Teacher Tenure/Continuing Contract Laws

Teaching Quality

Teacher Tenure

700 Broadway, Suite 810 ? Denver, CO 80203-3442 ? 303.299.3600 ? Fax: 303.296.8332 ?

Teacher Tenure or Continuing Contract Laws

Updated by Kathy Christie and Jennifer Dounay Zinth August 2011

Summary Note: This year, as of August 2011, 18 state legislatures had modified at least some element of their tenure or continuing contract policies -- and many of those amendments made important changes.

"No new employment contract between a school district and

Most significantly, the Idaho legislature was the first to explicitly state

certificated employee shall

that, "No new employment contract between a school district and certificated employee shall result in the vesting of tenure, continued expectations of employment or property rights in an employment relationship."

result in the vesting of tenure, continued expectations of

employment or property rights in an employment

In the past, states have addressed the issue of teacher dismissal in various ways. Some state legislatures simply eliminated the term tenure from the law; some tightened the due process timelines and/or due process

relationship."

~ Idaho S.B. 1108, enacted 2011

elements, such as hearings and appeals; and other states stipulated the

collective bargaining process as the means of determining nonrenewal and/or dismissal at the local school district

level. However, more recently, an increasing number of states have begun to more significantly rewrite their laws

related to teacher tenure. An increasing number of states, for example, are distinguishing between renewal at the

end of a contract and dismissal during the term of a contract. More state legislatures are beginning to embed

teacher performance evaluation in decisions to grant tenure or to explicitly state the terms of contracts.

Tenure or Continuing Contract Status

What it is: The first tenure law was enacted about 85 years ago in New Jersey. At that time, job protection was

seen as necessary because of prevalent nepotism, political favoritism and arbitrary dismissals. Teacher tenure is,

therefore, not a job guarantee but rather a job security device protecting against termination of employment in

cases where there are not grounds for termination or where the teacher has no fair opportunity to present a

defense. To gain tenure, teachers must generally complete a specified period of probationary

Due Process [a nutshell view]

employment, usually three years. The tenured

teacher is assured notice, a statement of causes or

Notice

reasons for termination, and a hearing before the

+

school board, arbitrator or specified person/group. The teacher usually can appeal the decision of the

Reasons

board or arbitrator. Tenure can be provided by law

+

through a state statute or earned through a period of continuous contractual employment.

Opportunity to improve +

Appeals process if decision to dismiss or nonrenew

What it's not: Tenure does not require continuing the employment of an incompetent teacher; all tenure laws provide for dismissal of incompetent or inefficient teachers.

How it's granted: In general, schools and districts have great latitude in deciding whether to grant initial tenure, as long as decisions are not discriminatory nor based on teachers' exercise of academic freedom. Most laws specify the number of years during which teachers are "probationary" -- years during which their contracts might not be renewed. Even integrating performance evaluation that includes a teacher's impact on student outcomes is not incompatible with the tenure system. Some tenure statutes do not address performance evaluation at all, while others mandate evaluation criteria in substantial detail and make evaluation an integral part of the tenure state employment and dismissal laws. Because tenure is a product of legislation, there is no legal obstacle preventing states from strengthening the evaluation component of tenure.

Part I: Teacher Tenure/Continuing Contract Provisions

Required for

Descriptors

State

Nonprobationary Status

(terms used and statutory citations)

Notification of NonRenewal and

Hearing

Appeal Forum

Other

Last Known Revision

AL 3 + R

? Tenure

(R = Teacher must return ? Continuing

to begin the next school service status

year or sign a contract

committing to service in ALA. CODE ?? 16-

the next school year. 24-1 to 16-24-13

Unless otherwise noted,

all years listed as

required for non-

probationary status are

academic years)

Notice: Before last day of term of school year & within 10 days of a board decision

Hearing: Hearing officer, at teacher's request

Panel of neutrals and hearing officer

Alabama Educator Code of Ethics includes 9 standards of ethical conduct.

2011

Does not confer or create any enforceable right or protected interest in or to a specific position, rank, work site or location, assignment, title or rate of compensation within those categories of employment.

AK 3 + R AZ 3 + R

Is not transferable from one employer to another.

? Employment and tenure

? Teachers Tenure Act

ALASKA STAT. ?? 14.20.095 to 14.20.215

Notice: March 16

Hearing: Local board of education, at teacher's request

Judicial review based on the administrative record in superior court

1999

? Certified teacher (employed by the district for the major portion of 3 years)

ARIZ. REV. STAT. ?? 15-536 to 15-551

Notice: Unclear/unspecified date certain

Hearing: Local board of education, at teacher's request

Superior Court in the county where the teacher is employed

The governing board decides whether to hold the hearing or designate a hearing officer to hold the hearing, hear the evidence, prepare a record and issue a recommendation to the governing board for action. Legislative change in 2009 reduces time teachers are allowed to correct an "inadequacy in classroom performance" from 85 days to not less than 60 instructional days.

2009

Education Commission of the States ? 700 Broadway, Suite 810 ? Denver, CO 80203-3460 ? 303.299.3600 ? fax 303.296.8332 ? Page 2

Part I: Teacher Tenure/Continuing Contract Provisions

State

Required for Nonprobationary Status

Descriptors (terms used and

statutory citations)

Notification of NonRenewal and

Hearing

Appeal Forum

Other

Last Known Revision

AR 3 + R

? Teacher Fair Dismissal Act

? Probationary teacher

ARK. CODE ANN. ?? 6-17-1501 to 6-171510

Notice: May 1

Hearing: District board of directors, at teacher's request

State Board of Education

Circuit Court of the county where district is located

Statutes state this is not a teacher tenure law "in that it does not confer lifetime appointment nor prevent discharge of teachers for any cause which is not arbitrary, capricious, or discriminatory."

2005

CA 2 + R for employees whose probationary period commenced during the 1983-84 fiscal year or any fiscal year thereafter

? Tenure ? Continuing

contract ? Permanent

status

CAL. EDUC. CODE ?? 44929.20 to 44988

Notice: March 15

Hearing: Commission on Professional Competence, at teacher's request

Superior Court

Variations for districts with fewer than 250 pupils in average daily attendance (ADA) and over 60,000 pupils in ADA. The Commission on Professional Competence consists of 1 member selected by employee, 1 member selected by the governing board (both of whom must be certified teachers with 5 years experience) and an administrative law judge.

2006

CO 3

? Continuing

Notice: Subject to local Court of

w/ 3 consecutive years of contract

policy

Appeals

demonstrated

? Probationary

effectiveness

teacher

Hearing: For

nonprobationary

Return to probationary COLO. REV. STAT. ?? teachers, allows for

status:

22-63-201 to 22- appeal to the supt. or

63-206; 22-63-301 designee (or collective

Nonprobationary

to 22-63-302

bargaining agreement)

teacher becomes

of a second consecutive

probationary again if

performance rating of

2 consecutive years of

"ineffective"

demonstrated

ineffectiveness

Decision may be

followed by a request

for review by a

mutually agreed-upon

third party (decision is

final)

Following due process, nonprobationary teachers may be dismissed if performance rating is "ineffective."

2010

All elements described here take effect only at such time as the Performance Evaluation System based on Quality Standards take effect.

Portability: Beginning 201415, a nonprobationary teacher who is hired by another district can apply to provide evidence of 2 consecutive years of ratings in good standing and be granted nonprobationary status.

Education Commission of the States ? 700 Broadway, Suite 810 ? Denver, CO 80203-3460 ? 303.299.3600 ? fax 303.296.8332 ? Page 3

Part I: Teacher Tenure/Continuing Contract Provisions

State

Required for Nonprobationary Status

Descriptors (terms used and

statutory citations)

Notification of NonRenewal and

Hearing

Appeal Forum

Other

Last Known Revision

CT Hired on or after

? Tenure

Notice: At any time

Superior Court Distinct timelines (i.e., hearing 2011

07/01/96:

within 15 days of request;

40 months

CONN. GEN. STAT. ? Hearing: Local board of

notice of non-renewal or

10-151

education or

termination must be followed

Hired prior to 07/01/96:

subcommittee of the

within 7 days with a list of

30 months

board, at teacher's

reasons; teacher has 20 days

request, or impartial

to request hearing; and

Probationary teachers

hearing officer or panel.

administrators who evaluate

employed by

Panel consists of 3

teachers must receive 15

a board of education that

members: 1 chosen by

hours of training every 5

enters into a cooperative

superintendent, 1 by

years).

arrangement may count

teacher and those 2

previous continuous

members choose a

In 2010, legislation

employment towards

third. If they can't

established the Performance

tenure

agree, selection is done

Evaluation Advisory Council to

with assistance of the

assist in the development and

American Arbitration

implementation of the

Association. If no

teacher evaluation guidelines.

agreement is reached, a

hearing is held before

the board of education

or subcommittee of the

board.

DE Hired after the

? Procedures for Notice: May 15

Superior Court Reasons for the intended

2009/2010 school year: the Termination

for the county termination of services must

of Services of

Hearing: Local board of in which the be included in the written

3 + at least 2 years of

Professional

education, at teacher's teacher was termination notice to a

"Satisfactory" ratings in Employees

request. The board may employed

teacher with 3 years of

the "Student

designate a hearing

service.

Improvement"

DEL. CODE ANN.

officer to conduct

component of the

tit.14, ?? 1401 to hearing.

teacher appraisal process 1420

within a 3-year period

2010

Hired prior to the 2009/2010 school year: 3 years, at least 2 of which 2 were in the employ of the terminating board

FL Hired after 7/1/2011: ? Annual contract Notice: for annual

Local board

Eff. July 2011, all new hires 2011

1 + R

? Professional

contracts, at any time; decision is final are on annual contracts.

Service Contract for cont. contract ?

Hired prior to 7/1/2011: ? Continuing

April 1 (when rec. must

"Probationary contract" is a 1-

3 + R

Contract

be made to district

year contract for a new hires.

? Probationary

Eff. 7/2011: After

contract

successful completion of

board) Hearing: Annual

Probationary contract employees may be dismissed without cause or may resign

1-year probationary contract, a teacher is placed on annual contract. District board

FLA. STAT. ch. 120.68; 1012.22 to 1012.33

contract teachers may request a hearing, which may be conducted by the

without breach of contract. A probationary contract is awarded regardless of previous employment in

may choose not to award

district board or a

another school district or

an annual contract

subcommittee thereof

state.

without cause

(1012.335(1)(a))

Professional Service

Teachers employed before

An annual contract may

Contract (PSC)

7/1/84 are under continuing

Education Commission of the States ? 700 Broadway, Suite 810 ? Denver, CO 80203-3460 ? 303.299.3600 ? fax 303.296.8332 ? Page 4

Part I: Teacher Tenure/Continuing Contract Provisions

State

Required for Nonprobationary Status

Descriptors (terms used and

statutory citations)

Notification of NonRenewal and

Hearing

Appeal Forum

Other

Last Known Revision

be awarded only if the employee has not received 2 consecutive "Unsatisfactory" annual performance evaluations, 2 "Unsatisfactory" annual performance evaluations in a 3-year period, 3 consecutive "Needs Improvement" annual performance evaluations or a combination of "Needs Improvement" and "Unsatisfactory"

teachers may request a hearing before the board of education or an administrative law judge.

Hearing processes do not apply to continuing contract teachers, though a continuing contract teacher may appeal a district board dismissal decision through the district court of appeals.

contract; teachers hired after 7/1/84 are under a professional service contract.

A Professional Services Contract renews each year unless 1) unsatisfactory performance or 2) 2 consecutive annual ratings of unsatisfactory, 2 ratings of unsatisfactory within a 3-year period, or 3 consecutive ratings of needs improvement or a combination of needs improvement and unsatisfactory

Florida is moving to a performance-based salary effective 7/1/2014, and instructional personnel on continuing contract or professional service contract may opt into the performance salary schedule if the employee relinquishes such contract and agrees to be employed on an annual contract.

GA 3 + R

? Annual contract ? Continued

employment ? Clearance

certificate ? Professional

educator certificate

GA. CODE ANN. ?? 20-2-211; 20-2211.1; 20-2-940 to 20-2-947

Notice: April 15

Hearing: Local board of education, at teacher's request

State board of education

Board may designate a tribunal to conduct the hearing

For more details, see Part II.

If a tribunal is selected to hear the case, it shall consist of not less than 3 or more than 5 impartial persons with academic experience. Recommendations of the tribunal are submitted to the board, which renders the final decision.

2010

HI 1

? Tenure Rights ? Probationary

period ? Collective

bargaining

HAW. REV. STAT. ?? 89-6 to 89-11; 302A-602 to 302A609

Notice: Determined by collective bargaining negotiations

Hearing: Determined by collective bargaining negotiations

Determined by collective bargaining negotiations

Collective bargaining rules allow for the negotiation of procedures governing dismissal and discipline of teachers.

2008

Education Commission of the States ? 700 Broadway, Suite 810 ? Denver, CO 80203-3460 ? 303.299.3600 ? fax 303.296.8332 ? Page 5

Part I: Teacher Tenure/Continuing Contract Provisions

State

Required for Nonprobationary Status

Descriptors (terms used and

statutory citations)

Notification of NonRenewal and

Hearing

Appeal Forum

Other

Last Known Revision

ID Eff. 2011: No new

For teachers hired Notice: For Category A For teachers For teachers hired after

2011

employment contract after 01/2011

or B: July 1 and must hired after

01/2011:

between a school

? Annual

accept in writing by July 01/2011: none

district and certificated

Contracts

20

2 categories of contracts:

employee shall result in (Category A or

Category B

Category A and B

the vesting of tenure,

Category B ? see For grandfathered

contracts:

continued expectations "other" column) teachers: Assume

Informal review Category A: Applies to new or

of employment or

renewal but must

by local board teachers having been

property rights in an

For teachers

accept by 7/20

and decision employed 1 or more years. 1

employment

employed &

final

year with no expectation of

relationship

grandfathered

Hearing: For teachers

re-employment and no

01/2011:

hired after 01/2011: no For

review.

For teachers hired after ? Renewable

hearing

grandfathered

01/2011:

contract,

teachers:

Category B: Applies to new

No nonprobationary

although can be Category B contract: District court in hires or teachers who were in

granted

renewed for

informal review by

the county

their 3rd year of employment

same, shorter or board

where the

when law enacted in 2011. 2-

For teachers employed

longer term and (see "other" column") district is

year contract offered at

01/2011:

greater, lesser or

located

discretion of the board for

3 + R

equal salary

For grandfathered

teachers in 4th or more year

teachers: At teacher's

of continuous employment

IDAHO CODE ?? 33- request, informal

with same district.

513; 33-515; 33- review before the local

515a

board or the board's

Board can add additional year

designee

after the first year, resulting in

a new 2-year contract.

Requires written statement of

reasons if not re-employed

and allows for informal review

of school's decision by the

local board. No property rights

granted and not entitled to a

formal review.

For grandfathered teachers: Teachers have right to automatic renewal of contract after third full year by giving written acceptance of renewal by July 1. Specific timelines for due process if nonrenewed.

IL 4 + R

Contractual

Notice: At least 45 days Under

Under alternative evaluative 2011

(Based on performance- continued service before the end of any traditional

dismissal process, if hearing (S.B. 7)

evaluation for teachers

school term (for those process:

officer recommended

first employed in a

105 ILL. COMP.

employed after

Judicial review dismissal, local board's

district on/after

STAT. 5/10-22.4; 9/1/2012)

by appeal of decision may be reversed only

implementation date (no 5/24-11 to 5/24-

either party

if found to be arbitrary,

later than 9/1/2012) of 16.5; 5/34-84 and - Hearing: Hearing at

capricious, an abuse of

Performance Evaluation 85, 5/34-85c

teacher's request. May For teacher

discretion or not in

Reform Act (PERA))

be before a mutually dismissed

accordance with law.

selected hearing

under

For probationary teacher

officer, with the cost alternative

New (2011) provision of 105

appointed after July

split evenly by the

evaluative

ILCS 5/34-85 (just for Chicago)

2013:

board and the teacher, dismissal

adds that no written warning

or before a board-

process:

of causes is required if the

--3+R

selected hearing

Judicial review causes have been the subject

(if 3 consecutive

officer, with the cost by teacher's of a remediation plan, or for

Education Commission of the States ? 700 Broadway, Suite 810 ? Denver, CO 80203-3460 ? 303.299.3600 ? fax 303.296.8332 ? Page 6

Part I: Teacher Tenure/Continuing Contract Provisions

State

Required for Nonprobationary Status

Descriptors (terms used and

statutory citations)

Notification of NonRenewal and

Hearing

Appeal Forum

Other

"excellent" reviews in first 3 years of full-time service)

--4+R (if receives a rating of at least "Proficient" in the last school term and rating of at least "Proficient" in either the 2nd or 3rd school term)

paid by the board

appeal

New (2011) sec. [105 ILCS 5/24-16.5] provides "optional alternative evaluative dismissal process for PERA evaluations" (see causes for dismissal, Part II for details)

conduct on the part of a teacher or principal that is cruel, immoral, negligent, or criminal or that in any way causes psychological or physical harm or injury to a student.

Last Known Revision

2+R (if 2 consecutive "Excellent" annual evaluations in the current district, teacher previously earned contractual continued service in another district in the state and voluntarily left the former district or was released by RIF in school term immediately before starting in new district, and was rated at least "Proficient" in 2 most recent annual or biennial evaluations from prior school district after PERA implemented)

IN Under contract prior to ? Probationary

Notice: Between May 1 Governing body "incompetence" defined as 2011

7/2012 + R

teacher

and July 1 for

decision is final either "ineffective" rating on 2

? Established

reduction in force

consecutive evaluations or 2

Under contract but not

teacher

consecutive " improvement

under any contract prior ? Professional

Hearing: Conference

necessary" ratings or

to 7/2012 and: no rating teacher

with superintendent,

"ineffective" or " impr.

or rating of ineffective

then governing body of

necessary" rating in 3 out of 5

and has not received 3 rating in a 5-year period of effective or highly effective

Professional teacher w/rating of ineffective considered probationary

Under contract prior to

Prior to 7/2011: ? Indefinite

contract ? Permanent

teacher ? Semi permanent

or nonpermanent teacher

school corporation at teacher's request but no arbitration or hearing for dismissals based on incompetence.

years. Can be dismissed for incompetence.

For contracts prior to 7/2011: Indefinite contracts have 2 levels: permanent and semipermanent.

Reasons for termination of semi-permanent teachers

7/2011:

include, "the cancellation is in

2 + R for semi permanent teachers

5 + R for permanent teachers

IND. CODE ?? 20-286-1 to 20-28-6-10; 20-28-7-1 to 2028-7-15

the best interest of the school corporation." All hearing and contract procedures are the same.

Annual evaluations for all

Indefinite contract with a

teachers.

permanent teacher can

Education Commission of the States ? 700 Broadway, Suite 810 ? Denver, CO 80203-3460 ? 303.299.3600 ? fax 303.296.8332 ? Page 7

Part I: Teacher Tenure/Continuing Contract Provisions

State

Required for Nonprobationary Status

Descriptors (terms used and

statutory citations)

be cancelled for cause (see Part II) and notes column

Notification of NonRenewal and

Hearing

Appeal Forum

Other

Last Known Revision

IA 3

? Probationary

Board may extend the

period

probationary period for

an additional year with IOWA CODE ??

the consent of the

279.13 to 279.19

teacher

Notice: April 30

Hearing: Board of education, at teacher's request in private hearing

Adjudicator (requested by teacher); District court of the county where the administrative office of the school district is located (requested by either party)

Collective bargaining agreements supersede statutory provisions concerning execution of teacher contracts and automatic renewal of contracts. In appeal, adjudicator is agreed upon between teacher and board.

2003

KS 3 + R

? Tenure

Notice: 3rd Friday in

State board may waive, ? Continuing

May

at any time, the years of contract

employment

Hearing: Hearing

requirements for any

KAN. STAT. ANN. ?? officer, at teacher's

teachers employed at a 72-5445; 72-5411; request

state school

72-5437 to 72-

5447

District court

Hearing officers are selected by teacher and district board from list provided by the state commissioner of education. Local board of education may waive years of employment requirement for teachers employed in the district.

2009

KY 4 + R

? Tenure ? Continuing

service contract ? Limited contract

KY. REV. STAT. Ann. ?? 161.720 to 161.810

Notice: May 15

Hearing: Chief state school officer appoints a tribunal, at teacher's request, consisting of 1 teacher, 1 administrator and 1 lay person; none of whom may be residents of the district in which the teacher was employed

Circuit Court with jurisdiction over the school district

No requirement to renew limited contract but must give reasons.

Continuing service contract: "a contract for the employment of a teacher which shall remain in full force and effect until the teacher resigns or retires, or until it is terminated or suspended as provided in KRS 161.790 and 161.800."

2008

LA 3

? Tenure ? Probationary

teacher

LA. REV. STAT. ANN. ?? 17:441 to 17:443

Notice: 12 days before termination of contract

Hearing: Required before the local board of education

Court of competent jurisdiction

Teacher must file appeal to the court of competent jurisdiction within 1 year of the board's findings.

2003

ME 3

? Continuing contract status

ME. REV. STAT. ANN. tit. 20A ?? 13201 to 13202, 26 ? 972

Notice: at least 6

Superior Court

months before

termination of contract

Hearing: Local board of education, at teacher's request

Subsequent contracts of duly certified teachers must be for not less than 5 years.

Initial contract after the probationary period is for 2 years. Contracts are automatically extended for additional year in subsequent

2011

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